At Article 451-1 of the Catalan Civil Code, the legitimate is identified as the right to obtain a patrimonial value that the deceased may attribute as a hereditary institution, legacy, private attribution or donation, or in any other way.

It is thus chosen to configure this figure as a "pars valoris”, That is to say a credit right, which will end up being encrypted in a fourth part of a calculation basis complex in composition Article 451-5 of the Catalan Civil Code.

The legitimate it is a right attributed by law to certain people in the voluntary, testated or intestate succession of other. This legal origin guarantees that the birth of the right occurs regardless of the will of the deceased. This circumstance gives reason for the traditional presentation of the legitimate as a limit to the faculty of allocating the own patrimony for after his death. This figure appears regulated in article 451-1 of the Catalan Civil Code.

Thereby It is presumed that the legitimate one is accepted while it is not renounced to the same. The resignation must be made in a express, pure and simple. This will be transmitted to the heirs of the heir, unless it is given, disinheritance (which should be justa ) nor declaration of unworthiness to happen. These causes extinguish the respective individual legitimate. All this in accordance with 451-25 of the Catalan Civil Code.

Everything you need to know about the legitimate in our Notary of Barcelona you can request it.